REQUEST FOR TECHNICAL CHANGE. Criminal Justice Education and Training Standards Commission

Transcription

1 REQUEST FOR TECHNICAL CHANGE AGENCY: Criminal Justice Education and Training Standards Commission RULE CITATION: NCAC 0A.00 DEADLINE FOR RECEIPT: Wednesday, December 0, 0 NOTE WELL: This request when viewed on computer extends several pages. Please be sure you have reached the end of the document. The Rules Review Commission staff has completed its review of this rule prior to the Commission's next meeting. The Commission has not yet reviewed this rule and therefore there has not been a determination as to whether the rule will be approved. You may call this office to inquire concerning the staff recommendation. In reviewing these rules, the staff determined that the following technical changes need to be made. Approval of any rule is contingent upon making technical changes as set forth in G.S. 0B-.0. Line, add a comma after probation Page, lines and, delete then so the phrase reads is attending Page, line, delete any and Page, line, add a comma after supervisor Page, lines and 0, define or delete specifically Page, line, replace does expressly include, with includes the following: Page, line, insert () before either Page, line, replace years, with years; () Page, line, replace suspended, with suspended; Page, line, insert () before those Page, line, define or delete specifically Please retype the rule accordingly and resubmit it to our office at New Hope Church Road, Raleigh, North Carolina 0. Abigail M. Hammond Commission Counsel Date submitted to agency: Wednesday, November, 0

2 NCAC 0A.00 is amended as published in Volume, Issue, pages -: NCAC 0A.00 DEFINITIONS The following definitions apply throughout Subchapters NCAC 0A through NCAC 0F, except as modified in NCAC 0A.00 for the purpose of the Commission's rule-making and administrative hearing procedures: () "Agency" or "Criminal Justice Agency" means those state and local agencies identified in G.S. C- (). () "Alcohol Law Enforcement Agent" means a law enforcement officer appointed by the Secretary of the Department of Crime Control and Public Safety as authorized by G.S. B-00. () "Chief Court Counselor" means the person responsible for administration and supervision of juvenile intake, probation and post-release supervision in each judicial district, operating under the supervision of the Department of Juvenile Justice and Delinquency Prevention. Public Safety, Division of Adult Correction and Juvenile Justice. () "Commission of an offense" means a finding by the North Carolina Criminal Justice Education and Training Standards Commission or an administrative body that a person performed the acts necessary to satisfy the elements of a specified criminal offense. () "Convicted" or "Conviction" means and includes, means, for purposes of this Chapter, the entry of: (a) a plea of guilty; (b) a verdict or finding of guilt by a jury, judge, magistrate, or other adjudicating body, tribunal, or official, either civilian or military; or (c) a plea of no contest, nolo contendere, or the equivalent. () "Criminal Justice Officer(s)" means those officers identified in G.S. C-() C-(), and excluding Correctional officers; officers and Probation/parole probation/parole officers, and Probation/parole officers intermediate. officers. The term "Probation/parole officers intermediate," as used in this Chapter has the same meaning as Probation/parole officers-surveillance used in G.S. C-(). () "Criminal Justice System" means the whole of the State and local criminal justice agencies described in Item () of this Rule. () "Department Head" means the chief administrator of any criminal justice agency agency, and specifically includes any chief of police or agency director. "Department Head" also includes a designee appointed in writing by the Department head. () "Director" means the Director of the Criminal Justice Standards Division of the North Carolina Department of Justice. (0) "Educational Points" means points earned toward the Professional Certificate Programs for studies satisfactorily completed completed, with passing scores achieved, for semester hour or quarter hour credit at a regionally accredited institution of higher learning. Each semester hour of college credit equals one educational point and each quarter hour of college credit equals two-thirds of an educational point.

3 () "Enrolled" means that an individual is currently actively participating in an on-going presentation of a Commission-certified basic training course that has not been concluded on the day probationary certification expires. The term "currently actively participating" as used in this definition means: (a) for law enforcement officers, that the officer is then attending an approved course presentation averaging a minimum of hours of instruction each week; and (b) for Department of Juvenile Justice and Delinquency Prevention Public Safety, Division of Adult Correction and Juvenile Justice personnel, that the officer is then attending the last or final phase of the approved training course necessary for fully satisfying the total course completion requirements. () "High School" means graduation from a high school that meets the compulsory attendance requirements in the jurisdiction in which the school is located. () "In-Service Training" means any and all training prescribed in NCAC 0E.00 B.00 that must be satisfactorily completed completed, with passing scores achieved, by all certified law enforcement officers during each full calendar year of certification. () "In-Service Training Coordinator" means the person designated by a law enforcement agency head to administer the agency's in-service training program. () "Lateral Transfer" means the employment of a criminal justice officer, at any rank, by a criminal justice agency, based upon the officer's special qualifications or experience, without following the usual selection process established by the agency for basic officer positions. () "Law Enforcement Code of Ethics" means that the code adopted by the Commission on September,, that reads: reads as follows: As a law enforcement officer, my fundamental duty is to serve the community; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against violence or disorder; and to respect the constitutional rights of all to liberty, equality, and justice. I will keep my private life unsullied as an example to all, and will behave in a manner that does not bring discredit to me or to my agency. I will maintain courageous calm in the face of danger, scorn, or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest in thought and deed both in my personal and official life, I will be exemplary in obeying the law and the regulations of my department. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duty. I will never act officiously or permit personal feelings, prejudices, political beliefs, aspirations, animosities or friendships to influence my decisions. With no compromise for crime and with relentless prosecution of criminals, I will enforce the law courteously and appropriately without fear or favor, malice or ill will, never employing unnecessary force or violence and never accepting gratuities.

4 I recognize the badge of my office as a symbol of public faith, and I accept it as a public trust to be held so long as I am true to the ethics of the police service. I will never engage in acts or corruption or bribery, nor will I condone such acts by other police officers. I will cooperate with all legally authorized agencies and their representatives in the pursuit of justice. I know that I alone am responsible for my own standard of professional performance and will take every reasonable opportunity to enhance and improve my level of knowledge and competence. I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession...law enforcement. () "Juvenile Court Counselor" means a person responsible for intake services and court supervision services to juveniles under the supervision of the chief court counselor. () "Juvenile Justice Officer" means persons designated by the Secretary of the Department of Juvenile Justice and Delinquency Prevention Public Safety, Division of Adult Correction and Juvenile Justice to provide for the care and supervision of juveniles placed in the physical custody of the Department. () "Law Enforcement Officer" means an appointee of a criminal justice agency or of the State or of any political subdivision of the State who, by virtue of his office, is empowered to make arrests for violations of the laws of this State. Specifically excluded from this title the title of Law Enforcement Officer are sheriffs and their sworn appointees with arrest authority who are governed by the provisions of G.S. E. (0) "Law Enforcement Training Points" means points earned toward the Law Enforcement Officers' Professional Certificate Program by successful completion of Commission-approved law enforcement training courses. Twenty classroom hours of Commission-approved law enforcement training equals one law enforcement training point. () "LIDAR" means a speed-measuring instrument that electronically computes, from transmitted infrared light pulses, the speed of a vehicle under observation. () "Local Confinement Personnel" means any officer, supervisor or administrator of a local confinement facility in North Carolina as defined in G.S. A-; any officer, supervisor or administrator of a county confinement facility in North Carolina as defined in G.S. A-; or, any officer, supervisor or administrator of a district confinement facility in North Carolina as defined in G.S. A-. () "Misdemeanor" means those criminal offenses not classified under the laws, statutes, or ordinances as felonies. Misdemeanor offenses are classified by the Commission as follows: (a) "Class A Misdemeanor" means a misdemeanor committed or omitted in violation of any common law, duly enacted ordinance ordinance, or criminal statute of this state State that is not classified as a Class B Misdemeanor pursuant to Sub-item ()(b) of this Rule. Class A Misdemeanor also includes any act committed or omitted in violation of any common law, duly enacted ordinance, criminal statute, or criminal traffic code of any jurisdiction other than North Carolina, either civil or military, for which the maximum punishment allowable for the designated offense under the laws, statutes, or ordinances of the jurisdiction in which

5 (b) the offense occurred includes imprisonment for a term of not more than six months. Specifically excluded from this grouping of "Class A Misdemeanor" criminal offenses for jurisdictions other than North Carolina, are motor vehicle or traffic offenses designated as misdemeanors under the laws of other jurisdictions, or duly enacted ordinances of an authorized governmental entity with the exception of the offense of impaired driving which that is expressly included herein as a Class A Misdemeanor if the offender could have been sentenced for a term of not more than six months. Also specifically included herein as a Class A Misdemeanor is the offense of impaired driving, if the offender was sentenced under punishment level three [G.S. 0-(i)], level four [G.S. 0-(j)], or level five [G.S. 0-(k)]. Class A Misdemeanor shall also include acts committed or omitted in North Carolina prior to October, in violation of any common law, duly enacted ordinance ordinance, or criminal statute, of this state State for which the maximum punishment allowable for the designated offense included imprisonment for a term of not more than six months. "Class B Misdemeanor" means an act committed or omitted in violation of any common law, criminal statute, or criminal traffic code of this state State that is classified as a Class B Misdemeanor as set forth in the Class B Misdemeanor Manual as published by the North Carolina Department of Justice which is hereby incorporated by reference and shall automatically include any later amendments and editions of the incorporated material as provided by G.S. 0B-.. Copies of the publication may be obtained from the North Carolina Department of Justice, Post Office Box, Raleigh, North Carolina 0. The publication is available from the Commission s website: Misdemeanor-Manual-00.aspx. There is no cost per manual at the time of adoption of this Rule. Class B Misdemeanor also includes any act committed or omitted in violation of any common law, duly enacted ordinance, criminal statute, or criminal traffic code of any jurisdiction other than North Carolina, either civil or military, for which the maximum punishment allowable for the designated offense under the laws, statutes, or ordinances of the jurisdiction in which the offense occurred includes imprisonment for a term of more than six months but not more than two years. Specifically excluded from this grouping of "Class B Misdemeanor" criminal offenses for jurisdictions other than North Carolina, are motor vehicle or traffic offenses designated as being misdemeanors under the laws of other jurisdictions with the following exceptions: Class B Misdemeanor does expressly include, either first or subsequent offenses of driving while impaired if the maximum allowable punishment is for a term of more than six months but not more than two years, driving while license permanently revoked or permanently suspended, and those traffic offenses occurring in other jurisdictions which are comparable to the traffic offenses specifically listed in the

6 Class B Misdemeanor Manual. "Class B Misdemeanor" shall also include acts committed or omitted in North Carolina prior to October, in violation of any common law, duly enacted ordinance, criminal statute, or criminal traffic code of this state State for which the maximum punishment allowable for the designated offense included imprisonment for a term of more than six months but not more than two years. () "Qualified Assistant" means an additional staff person designated as such by the School Director to assist in the administration of a course when a certified institution or agency assigns additional responsibilities to the certified School Director during the planning, development, and implementation of a certified course. () "Radar" means a speed-measuring instrument that transmits microwave energy in the 0,00 to 0,0 MHZ frequency (X) band band, or transmits microwave energy in the,00 to,0 MHZ frequency (K) band band, and either of which operates in the stationary or moving mode. "Radar" further means a speed-measuring instrument that transmits microwave energy in the,00 to,000 MHZ (Ka) band and operates in either the stationary or moving mode. () "Resident" means any youth committed to a facility operated by the Department of Juvenile Justice and Delinquency Prevention. Public Safety, Division of Adult Correction and Juvenile Justice. () "School" or "criminal justice school" means an institution, college, university, academy, or agency that offers criminal justice, law enforcement, or traffic control and enforcement training for criminal justice officers or law enforcement officers. "School" includes the criminal justice training course curriculum, instructors, and facilities. () "School Director" means the person designated by the sponsoring institution or agency to administer the criminal justice school. () "Speed-Measuring Instruments" (SMI) means those devices or systems, including radar time-distance, and LIDAR, approved under authority of G.S. C-(a)() for use in North Carolina in determining the speed of a vehicle under observation and particularly includes all named devices or systems as specifically referenced in the approved list of NCAC 0C.00. (0) "Standards Division" means the Criminal Justice Standards Division of the North Carolina Department of Justice. () "Time-Distance" means a speed-measuring instrument that electronically computes, from measurements of time and distance, the average speed of a vehicle under observation. History Note: Authority G.S. C-; C-; C-0; A-; Eff. January, ; Amended Eff. November, ; August, ; Readopted Eff. July, ; Temporary Amendment Eff. December, for a period of 0 days to expire on April, ; Amended Eff. November, ; March, 0; July, ;

7 .. Temporary Amendment Eff. October, for a period of 0 days to expire on April, ; Amended Eff. August, 000; April, ; August, ; January, ; Temporary Amendment Eff. January, 00; Amended Eff. August, 00; April, 00; Temporary Amendment Eff. April, 00; Amended Eff. January, 0; January, 00; June, 00; April, 00.

8 REQUEST FOR TECHNICAL CHANGE AGENCY: Criminal Justice Education and Training Standards Commission RULE CITATION: NCAC 0B.00 DEADLINE FOR RECEIPT: Wednesday, December 0, 0 NOTE WELL: This request when viewed on computer extends several pages. Please be sure you have reached the end of the document. The Rules Review Commission staff has completed its review of this rule prior to the Commission's next meeting. The Commission has not yet reviewed this rule and therefore there has not been a determination as to whether the rule will be approved. You may call this office to inquire concerning the staff recommendation. In reviewing these rules, the staff determined that the following technical changes need to be made. Approval of any rule is contingent upon making technical changes as set forth in G.S. 0B-.0. Line, since a term is being defined, place quotation marks around nationally standardized test Line, replace is with means Line, why is the restriction that the doctor be licensed in NC specific to the doctor? This is not standard in Paragraph (a) of NCAC 0G.00. Page, line, replace will with shall Page, line, add a comma after employment Page, line, replace Class A Misdemeanors with Class A Misdemeanors, to add the comma Page, line, add a comma after unless Page, line 0, add a comma after guilty to Page, line, since a term is being defined, place quotation marks around minor traffic offense Page, line, replace which with that Page, line, delete finally This term is not contained within NCAC 0G.00. Please retype the rule accordingly and resubmit it to our office at New Hope Church Road, Raleigh, North Carolina 0. Abigail M. Hammond Commission Counsel Date submitted to agency: Wednesday, November, 0

9 NCAC 0B.00 is amended as published in Volume, Issue, pages -, with changes: NCAC 0B.00 ADMISSION OF TRAINEES (a) The school director shall not admit any individual as a trainee in a presentation of the Basic Law Enforcement Training Course who is not a citizen of the United States. (b) The school shall not admit any individual younger than 0 years of age as a trainee in any non-academic basic criminal justice training course. Individuals under 0 years of age may be granted authorization for early enrollment as trainees in a presentation of the Basic Law Enforcement Training Course with prior written approval from the Director of the Standards Division. The Director shall approve early enrollment as long as the individual turns 0 years of age prior to the date of the State Comprehensive Examination for the course. (c) The school shall give priority admission in certified criminal justice training courses to individuals holding full-time employment with criminal justice agencies. (d) The school shall not admit any individual as a trainee in a presentation of the "Criminal Justice Instructor Training Course" who does not meet the education and experience requirements for instructor certification under Rule.00 of this Subchapter within 0 days of successful completion of the Instructor Training State Comprehensive Examination. (e) The school shall not admit an individual, including partial or limited enrollees, as a trainee in a presentation of the Basic Law Enforcement Training Course unless the individual individual, within one year prior to admission to Basic law Enforcement Training, places into course DRE 0 or above at a North Carolina Community College as a result of taking the Reading and English component of the North Carolina Diagnostic Assessment and Placement test as approved by the State Board of Community Colleges on [July, 0]October, 0 [( _bwj_edits_-_...pdf)] -0), or has taken the reading component of a nationally standardized test within one year prior to admission to Basic Law Enforcement Training and has scored at or above the tenth grade level or the equivalent. For the purposes of this Rule: () Partial or limited enrollee does not include enrollees who currently hold general certification or who have held general certification within months prior to the date of enrollment. () A nationally standardized test is a test that: (A) reports scores as national percentiles, staninesstanines, or grade equivalents; and (B) compares student test results to a national norm. (f) The school shall not admit any individual as a trainee in a presentation of the Basic Law Enforcement Training Course unless the individual has provided to the School Director a medical examination report, completed by a physician licensed to practice medicine in North Carolina, a physician's assistant, or a nurse practitioner, to determine the individual's fitness to perform the essential job functions of a criminal justice officer. The Director of the Standards Division shall grant an exception to this standard for a period of time not to exceed the commencement of the physical fitness topical area when failure to timely receive the medical examination report is not due to neglect on the part of the trainee.

10 (g) The school shall not admit any individual as a trainee in a presentation of the Basic Law Enforcement Training Course unless the individual is a high school graduate or has passed the General Educational Development Test indicating high school equivalency. High school diplomas earned through correspondence enrollment are not recognized toward the educational requirements. (h) The school shall not admit any individual trainee in a presentation of the Basic Law Enforcement Training Course unless the individual has provided the certified School Director a certified criminal record check for local and state records for the time period since the trainee has become an adult and from all locations where the trainee has resided since becoming an adult. An Administrative Office of the Courts criminal record check or a comparable out-of-state criminal record check will satisfy this requirement. (i) The school shall not admit any individual as a trainee in a presentation of the Basic Law Enforcement Training Course who has been convicted of the following: () a felony; () a crime for which the punishment could have been imprisonment for more than two years; () a crime or unlawful act defined as a "Class B Misdemeanor" within the five year period prior to the date of application for employment unless the individual intends to seek certification through the North Carolina Sheriffs' Education and Training Standards Commission; () four or more crimes or unlawful acts defined as "Class B Misdemeanors" regardless of the date of conviction; () four or more crimes or unlawful acts defined as "Class A Misdemeanors" except the trainee may be enrolled if the last conviction date occurred more than two years prior to the date of enrollment; () a combination of four or more "Class A Misdemeanors" or "Class B Misdemeanors" regardless of the date of conviction unless the individual intends to seek certification through the North Carolina Criminal Justice Education and Training Standards Commission. (j) Individuals charged with crimes as specified in Paragraph (i) of this Rule, and such offenses were dismissed or the person was found not guilty, may be admitted into the Basic Law Enforcement Training Course but completion of the Basic Law Enforcement Training Course does not ensure that certification as a law enforcement officer or justice officer through the North Carolina Criminal Justice Education and Training Standards Commission will be issued. Every individual who is admitted as a trainee in a presentation of the Basic Law Enforcement Training Course shall notify the School Director of all criminal offenses which the trainee is arrested for or charged with, pleads no contest to, pleads guilty to or is found guilty of, and of all Domestic Violence Orders (G.S. 0B) which that are issued by a judicial official after a hearing that provides an opportunity for both parties to be present. This includes all criminal offenses except minor traffic offenses and specifically includes any offense of Driving Under the Influence (DUI) or Driving While Impaired (DWI). A minor traffic offense is defined, for the purposes of this Paragraph, as an offense where the maximum punishment allowable by law is 0 days or fewer. Other offenses under G.S. 0 (Motor Vehicles) or similar laws of other jurisdictions which shall be reported to the School Director are G.S 0-. (driving while under the influence), G.S. 0- (driving while license permanently revoked or permanently suspended), G.S. 0-0() (fictitious name or address in application for license or learner's permit), G.S. 0-. (fraudulent use of a fictitious name for a 0

11 .. 0 special identification card), G.S (false report of theft or conversion of a motor vehicle), G.S. 0-() (fictitious name or address in application for registration), G.S (unlawful use of red or blue lights), G.S. 0-. (operation of vehicles resembling law enforcement vehicles), G.S. 0-. (unlawful racing on streets and highways), G.S. 0-. (speeding to elude arrest), and G.S. 0- (duty to stop in event of accident). The notifications required under this Paragraph must shall be in writing, must specify the nature of the offense, the court in which the case was handled, the date of the arrest or criminal charge, the date of issuance of the Domestic Violence Order (G.S. 0B), the final disposition, and the date thereof. The notifications required under this Paragraph must shall be received by the School Director within 0 days of the date the case was finally disposed of in court. The requirements of this Paragraph are applicable at all times during which the trainee is enrolled in a Basic Law Enforcement Training Course. The requirements of this Paragraph are in addition to the notifications required under NCAC 0B.00 and NCAC 0B.00(). History Note: Authority G.S. C-; C-0; Eff. January, ; Amended Eff. January, 0; June,0; February, 0; June, 00; December, 00; July, 00; August, 00; August, 000; January, ; March, ; July, ; January,.

12 REQUEST FOR TECHNICAL CHANGE AGENCY: Criminal Justice Education and Training Standards Commission RULE CITATION: NCAC 0G.00 DEADLINE FOR RECEIPT: Wednesday, December 0, 0 NOTE WELL: This request when viewed on computer extends several pages. Please be sure you have reached the end of the document. The Rules Review Commission staff has completed its review of this rule prior to the Commission's next meeting. The Commission has not yet reviewed this rule and therefore there has not been a determination as to whether the rule will be approved. You may call this office to inquire concerning the staff recommendation. In reviewing these rules, the staff determined that the following technical changes need to be made. Approval of any rule is contingent upon making technical changes as set forth in G.S. 0B-.0. Line, define or delete both specifically Please retype the rule accordingly and resubmit it to our office at New Hope Church Road, Raleigh, North Carolina 0. Abigail M. Hammond Commission Counsel Date submitted to agency: Wednesday, November, 0

13 SUBCHAPTER 0G - STANDARDS FOR CORRECTIONS EMPLOYMENT, TRAINING, AND CERTIFICATION SECTION SCOPE, APPLICABILITY, AND DEFINITIONS NCAC 0G.00 is amended as published in Volume, Issue, page : NCAC 0G.00 SCOPE AND APPLICABILITY OF SUBCHAPTER This Subchapter governs the implementation of minimum standards for employment, training, and certification of three two classes of corrections officers: correctional officers, officers and probation/parole officers, and probation/parole officersintermediate officers, as well as the standards for corrections schools and the state corrections certificate program. Definitions and procedures contained within NCAC 0A through 0F do not apply to these classes of corrections officers, unless specifically referenced; referenced. only Only rules specifically included in Subchapter 0G apply to these employees of the North Carolina Department of Correction.Public Safety, Division of Adult Correction and Juvenile Justice. History Note: Authority G.S. C-; C-; S.L. 000-, s..(c); C- Temporary Adoption Eff. January, 00; Eff. August, 00; Amended Eff. January, 0; November, 00.

14 REQUEST FOR TECHNICAL CHANGE AGENCY: Criminal Justice Education and Training Standards Commission RULE CITATION: NCAC 0G.00 DEADLINE FOR RECEIPT: Wednesday, December 0, 0 NOTE WELL: This request when viewed on computer extends several pages. Please be sure you have reached the end of the document. The Rules Review Commission staff has completed its review of this rule prior to the Commission's next meeting. The Commission has not yet reviewed this rule and therefore there has not been a determination as to whether the rule will be approved. You may call this office to inquire concerning the staff recommendation. In reviewing these rules, the staff determined that the following technical changes need to be made. Approval of any rule is contingent upon making technical changes as set forth in G.S. 0B-.0. Line, completed, with passing scores achieved, is the text used in NCAC 0A.00(0) to define the same term. Please be consistent. Page, line, replace which with that Please retype the rule accordingly and resubmit it to our office at New Hope Church Road, Raleigh, North Carolina 0. Abigail M. Hammond Commission Counsel Date submitted to agency: Wednesday, November, 0

15 NCAC 0G.00 is amended as published in Volume, Issue, pages -0: NCAC 0G.00 DEFINITIONS The following definitions apply throughout this Subchapter only: () "Commission of an offense" means a finding by the North Carolina Criminal Justice Education and Training Standards Commission or an administrative body that a person performed the acts necessary to satisfy the elements of a specified offense. () "Convicted" or "Conviction" means and includes, means, for purposes of this Subchapter, the entry of: (a) a plea of guilty; (b) a verdict or finding of guilt by a jury, judge, magistrate, or other duly constituted, established adjudicating body, tribunal, or official, either civilian or military; or (c) a plea of no contest, nolo contendere, or the equivalent. () "Correctional Officer" means an employee of the North Carolina Department of Correction, Division of Prisons,Public Safety, Division of Adult Correction and Juvenile Justice, responsible for the custody of inmates or offenders. () "Corrections Officer" means any or all either or both of the threetwo classes of officers employed by the North Carolina Department of Correction:Public Safety, Division of Adult Correction and Juvenile Justice: correctional officer; officer or probation/parole officer; and probation/parole officerintermediate. officer. () "Criminal Justice System" means the whole of the State and local criminal justice agencies including the North Carolina Department of Correction. Public Safety, Division of Adult Correction and Juvenile Justice. () "Director" means the Director of the Criminal Justice Standards Division of the North Carolina Department of Justice. () "Educational Points" means points earned toward the State Correction Officers' Professional Certificate Program for studies satisfactorily completed with passing grades for semester hour or quarter hour credit at a regionally accredited institution of higher education. Each semester hour of college credit equals one educational point and each quarter hour of college credit equals two-thirds of an educational point. () "High School" means graduation from a high school that meets the compulsory attendance requirements in the jurisdiction in which the school is located. () "Misdemeanor" for corrections officers means those criminal offenses not classified under the laws, statutes, or ordinances as felonies. Misdemeanor offenses for corrections officers are classified by the Commission as follows: the following as set forth in G.S. or otherwise stated: (a) -. Punishment for attempt (offenses that are Class A- misdemeanor)

16 (b) -. Intercourse and sexual offenses with certain victims (If defendant is school personnel other than a teacher, school administrator, student teacher or coach) (c) -.(f) Assault on handicapped persons (d) -.(b)() Patient abuse and neglect, punishments (e) -. Exploitation by caretaker of disabled/elder adult in domestic setting; resulting in loss of less than one thousand dollars ($l000) (August, 00- December, 00. Repealed December, 00) (f) -(b)() Assault, battery against sports official (g) -(c) Assault, battery with circumstances (h) - Assault by pointing a gun (i) -.(a) Assault on Emergency Personnel (j) - Breaking or Entering into buildings generally (-(b)) (k) - Larceny of property; receiving stolen goods etc.; not more than one thousand dollars ($000.00) (-(a)) (l) -. Concealment of merchandise (-.(e); rd or subsequent offense) (m) - Larceny, mutilation, or destruction of public records/papers (n) CH Art. A False/fraudulent use of credit device (-.) (o) CH Art. B Financial transaction card crime (-.(a)) (p) -(a) Fraudulent disposal of personal property on which there is a security interest (q) - Blackmailing (r) -. Obtaining academic credit by fraudulent means (-.(b)) (s) -. Falsifying documents issued by a school (-.(c)) (t) - Willful and wanton injury to real property (u) -0 Willful and wanton injury to personal property greater than two hundred dollars ($00.00) (-0(b)) (v) -0. Preparation of obscene photographs (w) -0. Indecent Exposure (x) -0. Displaying material harmful to minors (-0.(b)) (y) -0. Disseminating harmful material to minors (-0.(d)) (z) -0. Indecent liberties between children (aa) -0. Taking indecent liberties with a student (bb) -0 Prostitution (-0;-0) (cc) - Resisting officers (dd) - False, etc., reports to law enforcement agencies or officers (ee) -0 Willfully failing to discharge duties

17 (ff) - Failing to make reports and discharge other duties (gg) - Swearing falsely to official records (hh) - Allowing prisoners to escape punishment (ii) - Escape of working prisoners from custody (jj) - Prison breach and escape (kk) -.(b) Furnishing certain contraband to inmates (ll) - Harboring or aiding certain persons (mm) CH Art. Persuading inmates to escape; harboring fugitives (-) (nn) -. Weapons on campus or other educational property (-.(d), (e) and (f)) (oo) -.(a) Weapons where alcoholic beverages are sold and consumed (pp) -. Weapons on state property and in courthouses (qq) -. Possession and sale of spring-loaded projectile knives prohibited (-.(b)) (rr) - Impersonation of a law-enforcement or other public officer verbally, by displaying a badge or insignia, or by operating a red light (- (d) and (e)) (ss) -.(a) Weapons at parades, etc., prohibited (tt) -. Stalking (-.(b)) (uu) -.(b) Riot (vv) -.(d) Inciting to riot (ww)..(a) Looting; trespassing during emergency (xx) -.(c) Transporting weapon or substance during emergency (yy) -.(c) Assault on emergency personnel; punishments (zz) -(a) Selling or giving weapons to minors (aaa) -. Storage of firearms to protect minors (bbb) -. Contributing to delinquency (ccc) -. Child abuse (ddd) -0 Cruelty to animals (eee) - Instigating or promoting cruelty to animals (fff) -0. Ethnic intimidation; teaching any technique to be used for (-0.(a) and (b)) (ggg) -(a) or (b) Accessing computers (hhh) - Computer trespass (Damage less than two thousand five hundred dollars ($00.00) (iii) A-. Unauthorized use of DNA databank; willful disclosure (A-.(a) and (b))

18 (jjj) A- Interception and disclosure of wire etc. communications (kkk) B-(b) Filing false or fraudulent application for compensation award (lll) B-0(c) False statements in application for ABC permit (B-0(b)) (mmm) 0-.(a) & (c) Fraudulent use of a fictitious name for a special identification card (nnn) 0-0. False report of theft or conversion of a motor vehicle (ooo) 0-() Fictitious name or address in application for registration (ppp) 0-0. Use of red or blue lights on vehicles prohibited (0-0.(e)) (qqq) 0-. Operation of vehicles resembling law-enforcement vehicles (0-.(b)) (rrr) 0-. Driving while impaired (punishment level (0-(g))or (0-(h)) (sss) 0-.I Impaired driving in commercial vehicle (0-.(e)) (ttt) 0-.(a) Speeding to elude arrest (uuu) 0-(b) Duty to stop in event of accident or collision (vvv) 0-(c) Duty to stop in event of accident or collision (www) 0-(c) Duty to stop in event of accident or collision (xxx) 0B-. Knowingly violating valid protective order (yyy) --0 False statement in applications for insurance (zzz) -- Careless or negligent setting of fires (aaaa) A- Misuse of system (bbbb) 0-(d)() Possession of schedule II, III, IV (cccc) 0-(d)() Possession of Schedule V (dddd) 0-(d)() Possession of Schedule VI (when punishable as Class misdemeanor) (eeee) 0-(e)() Conviction of or more violations of Art. (ffff) 0-(e)() Conviction of or more violations of Art. (gggg) 0-. Possession of drug paraphernalia (0-.(b)) (hhhh) 0-. Manufacture or delivery of drug paraphernalia (0-.(c)) (iiii) -.(a) Misrepresentation to get worker's compensation payment (jjjj) 0A-(a) Fraudulent misrepresentation of public assistance (kkkk) 0A- Fraudulent misrepresentation of foster care and adoption assistance payments (llll) 0A-(a) Medical assistance recipient fraud; less than four hundred dollars ($00.00) (0-(c)()) (mmmm)0a-0 Recipient check register/list of all recipients of AFDC and state-county special assistance (0A-0(b)) (nnnn) 0A-0 Recipient check register/ list of all recipients of AFDC and state-county special assistance; political mailing list (0A-0(c)) (oooo) -0.(a)() Criminally negligent hunting; no bodily disfigurement (pppp) -0.(a)() Criminally negligent hunting; bodily disfigurement

19 (qqqq) -0.(a)() Criminally negligent hunting; death results (rrrr) -0.(d) Criminally negligent hunting; person convicted/suspended license (ssss) -.(a) Use of public purchase or contract for private benefit (-.(c)) (tttt) -(d) Aiding escape or attempted escape from prison (uuuu) - Injury to prisoner by jailer (vvvv) Common-Law misdemeanors: (i) Going Armed to the Terror of the People (ii) Common-Law Mayhem (iii) False Imprisonment (iv) Common-Law Robbery (v) Common-Law Forgery (vi) Common-Law Uttering of Forged paper (vii) Forcible Trespass (viii) Unlawful Assembly (vix) Common-Law Obstruction of Justice (wwww) Those offenses occurring in other jurisdictions which that are comparable to the offenses specifically listed in (a) through (vvvv) of this Rule. (xxxx) Any offense proscribed by USC (g)() [Lautenburg Amendment] U.S.C. (), ( that would prohibit possessing a firearm or ammunition. (0) "Pilot Courses" means those courses approved by the Education and Training Committee, consistent with NCAC 0G.00, which are utilized to develop new training course curricula. () "Probation/Parole Officer" means an employee of the North Carolina Department of Correction, Division of Community Corrections,Public Safety, Division of Adult Correction and Juvenile Justice whose duties include supervising, evaluating, or otherwise instructing offenders placed on probation, parole, post release supervision, or assigned to any other community-based program operated by the Division of Adult Correction and Juvenile Justice. () "Probation/Parole Officer-Intermediate" means an employee of the North Carolina Department of Correction, Division of Community Corrections, other than a regular probation/parole officer who is trained in corrections techniques, and is an authorized representative of the courts of North Carolina and the Department of Correction, Division of Community Corrections, whose duties include supervising, investigating, reporting, and surveillance of serious offenders in an intensive probation, parole, or post release supervision program operated by the Division of Community Corrections. ()() "Qualified Assistant" means an additional staff person designated as such by the School Director to assist in the administration of a course when a certified institution or agency assigns additional responsibilities to the certified School Director during the planning, development, and implementation of a certified course.

20 .. 0 ()() "School" means an institution, college, university, academy, or agency which offers penal or corrections training for correctional officers, officers or probation/parole officers, officers. or probation/parole officers-intermediate. "School" includes the corrections training course curricula, instructors, and facilities. ()() "School Director" means the person designated by the Secretary of the North Carolina Department of Correction Public Safety, Division of Adult Correction and Juvenile Justice to administer the "School." ()() "Standards Division" means the Criminal Justice Standards Division of the North Carolina Department of Justice. ()() "State Corrections Training Points" means points earned toward the State Corrections Officers' Professional Certificate Program by successful completion of Commission-approved corrections training courses. 0 classroom hours of Commission-approved corrections training equals one State Corrections training point. History Note: Authority G.S. C-; C-; C-0; A-; Temporary Adoption Eff. January, 00; Eff. August, 00; Amended Eff. January, 0; April, 00; August, 00. 0

21 REQUEST FOR TECHNICAL CHANGE AGENCY: Criminal Justice Education and Training Standards Commission RULE CITATION: NCAC 0G.00 DEADLINE FOR RECEIPT: Wednesday, December 0, 0 NOTE WELL: This request when viewed on computer extends several pages. Please be sure you have reached the end of the document. The Rules Review Commission staff has completed its review of this rule prior to the Commission's next meeting. The Commission has not yet reviewed this rule and therefore there has not been a determination as to whether the rule will be approved. You may call this office to inquire concerning the staff recommendation. In reviewing these rules, the staff determined that the following technical changes need to be made. Approval of any rule is contingent upon making technical changes as set forth in G.S. 0B-.0. Please note that this Rule does not require proof of citizenship, like required for age and education. However, the proof is part of NCAC 0G.00(a)(). Please revise this Rule to be consistent. Please retype the rule accordingly and resubmit it to our office at New Hope Church Road, Raleigh, North Carolina 0. Abigail M. Hammond Commission Counsel Date submitted to agency: Wednesday, November, 0

22 .. 0 NCAC 0G.00 is amended as published in Volume, Issue, page 0: NCAC 0G.00 CITIZENSHIP Every person employed as a correctional officer, or probation/parole officer, or probation/parole officer-intermediate officer by the North Carolina Department of Correction Public Safety, Division of Adult Correction and Juvenile Justice shall be a citizen of the United States. History Note: Authority G.S. C-; C-0; Temporary Adoption Eff. January, 00; Eff. August, 00; Amended Eff. January, 0; August, 00.

23 .. 0 NCAC 0G.00 is amended as published in Volume, Issue, page 0: NCAC 0G.00 AGE (a) Every person employed as a correctional officer, officer or probation/parole officer, or probation/parole officerintermediate officer by the North Carolina Department of Correction Public Safety, Division of Adult Correction and Juvenile Justice shall be at least 0 years of age. (b) Candidates shall document age through documents issued by any county, State, state, or federal government agency. History Note: Authority G.S. C-; C-0; Temporary Adoption Eff. January, 00; Eff. August, 00; Amended Eff. January, 0; August, 00.

24 REQUEST FOR TECHNICAL CHANGE AGENCY: Criminal Justice Education and Training Standards Commission RULE CITATION: NCAC 0G.00 DEADLINE FOR RECEIPT: Wednesday, December 0, 0 NOTE WELL: This request when viewed on computer extends several pages. Please be sure you have reached the end of the document. The Rules Review Commission staff has completed its review of this rule prior to the Commission's next meeting. The Commission has not yet reviewed this rule and therefore there has not been a determination as to whether the rule will be approved. You may call this office to inquire concerning the staff recommendation. In reviewing these rules, the staff determined that the following technical changes need to be made. Approval of any rule is contingent upon making technical changes as set forth in G.S. 0B-.0. Line, add GED after Development to be consistent with line. Lines through 0, when may additional documentation be requested and what types? Please clarify. Line 0, the punctuation after Rule does not reflect the text as published in the Register. Please correct. Please retype the rule accordingly and resubmit it to our office at New Hope Church Road, Raleigh, North Carolina 0. Abigail M. Hammond Commission Counsel Date submitted to agency: Wednesday, November, 0

25 NCAC 0G.00 is amended as published in Volume, Issue, page 0: NCAC 0G.00 EDUCATION (a) Every person employed as a correctional officer by the North Carolina Department of Correction Public Safety, Division of Adult Correction and Juvenile Justice shall be a high school graduate or have passed the General Educational Development Test indicating high school equivalency. (b) Every person employed as a probation/parole officer by the North Carolina Department of Correction shall be a graduate of a regionally accredited college or university and have attained at least the baccalaureate degree. (c) Every person employed as a probation/parole officer-intermediate by the North Carolina Department of Correction shall be a high school graduate or have passed the General Educational Development Test indicating high school equivalency. (d)(c) Each applicant for employment as a corrections officer shall furnish to the North Carolina Department of Correction Public Safety, Division of Adult Correction and Juvenile Justice documentary evidence that the applicant has met the educational requirements for the corrections field of expected employment. () Documentary evidence of educational requirements shall consist of official transcripts of courses completed or diplomas received from a school which that meets the requirements of: of the North Carolina Department of Public Instruction, the Division of Non-Public Instruction, a comparable outof-state agency, or is a regionally accredited college or university. The Director of the Standards Division shall determine whether other types of documentation will may be permitted in specific cases consistent with this rulerule.. High school diplomas earned through correspondence enrollment are not recognized toward these minimum educational requirements. () Documentary evidence of completion of the General Educational Development "GED" Test shall be satisfied by a certified copy of GED test results showing successful completion. A certified copy of a military GED diploma may be used as alternate evidence of GED completion. History Note: Authority G.S. C-; C-0; Temporary Adoption Eff. January, 00; Eff. August, 00; Amended Eff. January, 0; August, 00.

26 REQUEST FOR TECHNICAL CHANGE AGENCY: Criminal Justice Education and Training Standards Commission RULE CITATION: NCAC 0G.00 DEADLINE FOR RECEIPT: Wednesday, December 0, 0 NOTE WELL: This request when viewed on computer extends several pages. Please be sure you have reached the end of the document. The Rules Review Commission staff has completed its review of this rule prior to the Commission's next meeting. The Commission has not yet reviewed this rule and therefore there has not been a determination as to whether the rule will be approved. You may call this office to inquire concerning the staff recommendation. In reviewing these rules, the staff determined that the following technical changes need to be made. Approval of any rule is contingent upon making technical changes as set forth in G.S. 0B-.0. Line, define or delete properly Please retype the rule accordingly and resubmit it to our office at New Hope Church Road, Raleigh, North Carolina 0. Abigail M. Hammond Commission Counsel Date submitted to agency: Wednesday, November, 0

27 NCAC 0G.00 is amended as published in Volume, Issue, pages 0-0: NCAC 0G.00 PHYSICAL AND MENTAL STANDARDS (a) Every person employed as a correctional officer, officer or probation/parole officer, or probation/parole officerintermediate officer by the North Carolina Department of Correction Public Safety, Division of Adult Correction and Juvenile Justice shall have been examined and certified within one year prior to employment with the North Carolina Department of Correction Public Safety, Division of Adult Correction and Juvenile Justice by a licensed physician, physician's assistant, or nurse practitioner to meet the physical requirements to fulfill properly the officer's particular responsibilities as stated in the essential job functions. (b) Every person employed as a correctional officer, officer or probation/parole officer, or probation/parole officerintermediate officer by the North Carolina Department of Correction Public Safety, Division of Adult Correction and Juvenile Justice shall have been administered within one year prior to employment with the North Carolina Department of Correction Public Safety, Division of Adult Correction and Juvenile Justice a psychological screening examination by a clinical psychologist or psychiatrist licensed to practice in North Carolina to determine the officer's mental and emotional suitability to fulfill properly the officer's particular responsibilities as stated in the essential job functions. History Note: Authority G.S. C-; C-0; Temporary Adoption Eff. January, 00; Eff. August, 00; Amended Eff. January, 0; April, 00; August, 00.